Politics

Supreme Court Rules Against Biden, Reinstates Trump’s ‘Remain In Mexico’ Policy

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The Supreme Court ruled Tuesday against the Biden administration’s attempt to end former President Donald Trump’s “Remain in Mexico” policy.

In a 6-3 vote, the court rejected the administration’s bid to block U.S. District Judge Matthew Kacsmaryk’s ruling that revived the enforcement of the policy. The high court said the administration failed to show the decision to end the policy was not arbitrary and capricious.

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented. (RELATED: Greg Abbott Restricts Migrants Who ‘Pose A Risk Of COVID-19’ From Being Transported Into Communities)

WASHINGTON, DC - APRIL 23: Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, DC on April 23, 2021. Seated from left: Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left: Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. (Photo by Erin Schaff-Pool/Getty Images)

WASHINGTON, DC – APRIL 23: Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, DC on April 23, 2021. (Erin Schaff-Pool/Getty Images)

The administration formally repealed the policy in June despite the crisis at the border. Kacsmaryk ruled to reinstate the policy in early August, ruling the program was ended illegally. Kacsmaryk said the policy must be reinstated until it was “lawfully rescinded” and the administration had the capacity to hold all migrants. The ruling was not put in place immediately, and the Biden administration was given one week to file an appeal.

Texas and Missouri sued the administration in April claiming the administration unlawfully halted the program. The states claimed the administration’s decision to end the policy led to a surge in migrants illegally crossing the southern border.

The policy forced migrants to remain in Mexico while their asylum claims were being heard.